HomeMy Public PortalAboutPRR 15-2035RECORDS REQUEST (the "Request")
Date of Request: October 27, 2015
Requestor's Request ID#: 1172
REQUESTEE: Custodian of Records Town of Gulf Stream
REQUESTOR: Commerce Group, Inc.
REQUESTOR'S CONTACT INFORMATION: E -Mail: records@commerce-group.com
Fax: 954-360-0807 or Cpntact Records Custodian at records ,commerce-grouo.com:
Phone: 713
954-360-7; Address: 1280 West Newport Center Drive, Deerfield Beach, FL 33442
REQUEST: Please provide all documents shown on the attached Exhibit A under the section
titled "Filing Documents Attached" and which have an "X" in the box next to the description of the
documents listed under "Filing Documents Attached" (the "Relevant Docs") which are in the
possession of the Town of Gulf Stream. For convenience we have "clouded" the applicable section of
the attached Exhibit A ("State Attorney's Office -Filing Information Form.") The Exhibit A is page 12 of
PRR-1994 which are in the possession of the Town of Gulf Stream Please provide all other records
which include the names "O'Boyle" or `Boyle" beginning on 1/1/2013 through 10/27/15 which are in
the possession of the Town of Gulf Stream .
ADDITIONAL INFORMATION REGARDING REQUEST: The term "Town of Gulf Stream" shall
mean each of the following: the Town of Gulf Stream its Commissioners its Manager, its emolovees its
Police Department, its Police Officers and its Counsel (including without limitation- the following law
firms) Sweetapple, Broeker & Varkus: Richman Greer, PA: and Jones- Foster, Johnston & Stubbs,
(including, without limitation, the attorneys, employees and partners of each such law firm.)
THIS REQUEST IS MADE PURSUANT TO ARTICLE 1, SECTION 24 OF THE FLORIDA CONSTITUTION AND CHAPTER 119,
FLORIDASTATUTES
IF THE PUBLIC RECORDS BEING SOUGHT ARE MAINTAINED BY YOUR AGENCY IN AN ELECTRONIC FORMAT PLEASE
PRODUCE THE RECORDS IN THE ORIGINAL ELECTRONIC FORMAT IN WHICH THEY WERE CREATED OR RECEIVED.
SEE 4119.01(2)(F), FLORIDA STATUTES. IF NOT AVAILABLE IN ELECTRONIC FORM, IT IS REQUESTED THAT THIS
RECORDS REQUEST BE FULFILLED ON 11 X 17 PAPER. NOTE: IN ALL CASES (UNLESS IMPOSSIBLE) THE COPIES
SHOULD BE TWO SIDED AND SHOULD BE BILLED IN ACCORDANCE WITH Section 119.07(4) (a) (2)
ALSO PLEASE TAKE NOTE OF §119.07(1 HH) OF THE FLORIDA STATUTES, WHICH PROVIDES THAT "IF A CML ACTION
IS INSTITUTED WITHIN TIIE 30 -DAY PERIOD TO ENFORCE THE PROVISIONS OF THIS SECTION WITH RESPECTTO
TILE REQUESTED RECORD, THE CUSTODIAN OF PUBLIC RECORDS MAY NOT DISPOSE OF THE RECORD EXCEPT BY
ORDER OF A COURT OF COMPETENT JURISDICTION AFTER NOTICE TO ALL AFFECTED PARTIES.'
ALL ELECTRONIC COPIES ARE REQUESTED TO BE SENT BY F—MAIL DELIVERY.
PLEASE PROVIDE THE APPROXIMATE COSTS (IF ANY) TO FULFILL THIS PUBLIC RECORDS REQUEST IN ADVANCE.
It will be required that the Requestor approve of any costs, asserted by the Agency (as defined In Florida Statute, Chapter 119.01
(Definitions)), in advance orany costs imposed to the Requestor by the Agency.
"BY FULFILLING THIS RECORDS REQUEST, THE AGENCY ACKNOWLEDGES THAT THE RESPONSIVE DOCUMENTS
ARE "PUBLIC RECORDS" AS DEFINED IN CHAPTER 119, FLORIDA STATUTES".
IIP/NP/FLRR
07.28.2015
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TOWN OF GULF STREAM PENDING LITIGATION
PUBLIC RECORD SUITS
1. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA015012 AJ
2. Christopher F. O'Hare vs Town of Gulf Stream
(15 h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA015380 AF
Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA016864 AD
4. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA017717 AA
5. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CAO17793 AA
6. Christopher F. O'Hare vs Town of Gulf Stream
(151h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA018093 AA
Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA018095 AA
8. Christopher F. O'Hare vs Town of Gulf Stream
(15`' Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA018098 AA
9. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA018100 AA
10. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502013CA018101 AA
11. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA000824 AA
12. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA000835 AG
13. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA000894 AA
14. Martin E. O'Boyle vs Town of Gulf Stream
(15fl' Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA000834 AH
15. Martin E. O'Boyle vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA00I572 AJ
16. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA001776 AA
17. Christopher F. O'Hare vs Town of Gulf Stream
(15'h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA0I833 AA
18. Christopher F. O'Hare vs Town of Gulf Stream
(15'h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA002311 AA
19. Martin E. O'Boyle vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA002728 AO
20. Stopdirtygovemment, LLC vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA003721 AH
21. Martin E. O'Boyle vs Town of Gulf Stream/
Town of Gulf Stream vs Martin E. O'Boyle, Ryan Witmer, Christopher O'Hare, William
Ring, Jonathan R. O'Boyle, Denise DeMartini, Public Awareness Institute, Inc., Citizens
Awareness Foundation, Inc., Our Public Records, LLA, Stopdirtygovernment, LLC,
Commerce Group, Inc. and the O'Boyle Law Firm, P.C., Inc.
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA004474 AA
2
22. Martin E. O'Boyle vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014 CA 005189 AE
23. Martin E. O'Boyle and Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA005628 AA
24. Citizens Awareness Foundation, Inc. vs Town of Gulf Stream and Brannon Gillespie,
LLC
(151h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA006112 AG
25. Citizens Awareness Foundation, Inc. vs Town of Gulf Stream
(151h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA006360 AA
26. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA006848 AA
27. CG Acquisition Company, Inc. vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 502014CA007123 AA
28. Martin E. O'Boyle vs Town of Gulf Stream
(151h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 502014CA008076 AD
29. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 502014CA008142 AB
30. Christopher F. O'Hare vs Town of Gulf Stream
(15'h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 502014CA008327 AF
31. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 502014CA007516 AA
32. Stopdirtygovernment, LLC and Martin E. O'Boyle vs Town of Gulf Stream
(Cty. Ct. in and for Palm Beach Cty., Fla.)
Case No: 502014CC009529 RL
3
33. Asset Enhancement, Inc. vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 502014CA010216 AF
34. Martin E. O'Boyle, Airline Highway, LLC, Commercial Group, Inc., Commercial Realty
Group, Inc., CRO Aviation, Inc., Our Public Records, LLC, CG Acquisition Company,
Inc. vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 2014CA011940 AO
35. Christopher F. O'Hare vs Town of Gulf Stream
(Cty. Ct. in and for Palm Beach Cty., Fla.)
Case No. 2014CC010685 RE
36. Christopher F. O'Hare vs Town of Gulf Stream
(Cty. Ct. in and for Palm Beach Cty., Fla.)
Case No. 2014CC0I0712 RB
37. Martin O'Boyle vs Jones Foster Service, LLC and Town of Gulf Stream
Case No. 14-14780
(17`h Jud. Cir. in and for Broward Cty., Fla.)
38. Martin O'Boyle and Asset Enhancement, Inc. vs Town of Gulf Stream/
Town of Gulf Stream vs Martin E. O'Boyle, Ryan Witmer, Christopher O'Hare, William
Ring, Jonathan R. O'Boyle, Denis DeMartini, Asset Enhancement, Inc. and The O'Boyle
Law Firm, P.C., Inc.
(15'h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 2015CA004564 AA
39. Christopher O'Hare vs Town of Gulf Stream/
Town of Gulf Stream vs Christopher O'Hare, Ryan Witmer, Martin E. O'Boyle, William
Ring, Jonathan R. O'Boyle, Denis DeMartini, Public Awareness Institute, Inc. Citizens
Awareness Foundation, Inc., Our Public Records, LLC, Stopdirtygovernment, LLC,
Commerce Group, Inc. and The O'Boyle Law Firm, P.C., Inc.
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 2015CA006710 AA
40. Christopher F. O'Hare vs Town of Gulf Steam
(15'h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 2015CA006067 AA
El
OTHER CASES
Chris O'Hare vs Town of Gulf Stream, Town of Gulf Stream Commission; Town
Manager, William Thrasher; Town Special Magistrate Lara Donlon; Officer David
Ginsberg; Sergeant Adam Gorel; Steven Tobias and Marty Minor
USDC Case No. 13 -CV -81053 KLR
2. Christopher F. O'Hare vs Town of Gulf Stream and William H. Thrasher, Jr.
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 2014CA000720 AI
3. Martin E. O'Boyle vs Town of Gulf Stream
USDC Case No. 14-80317 CIV Middlebrooks
4. Town of Gulf Stream vs Christopher F. O'Hare
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA004631 AE
5. Christopher F. O'Hare vs Town of Gulf Stream
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 502014CA007327 AY
6. Martin E. O'Boyle vs Robert A. Sweetapple and Mayor Scott Morgan
(151h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA0I 1052 AO
Martin O'Boyle vs William Thrasher, Garret Ward and Town of Gulf Stream
(15th Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502014CA0I 1806 AB
S. Martin E. O'Boyle v Town of Gulf Stream
(15th Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No. 502015Ca001498XXXXMB AI
9. Town of Gulf Stream and Wantman Group, Inc. vs. Martin O'Boyle, Christopher
O'Hare, Jonathan R. O'Boyle, Denies DeMartini, Giovani Mesa, Nicklaus Taylor, Ryan
Witmer, Arline Highway, LLC, Commerce GP, Inc., CG Acquisition Co., Inc., CRO
Aviation, Inc., Asset Enhancement, Inc., Commerce Realty Group, Inc., Public
Awareness Institute, Inc., Citizens Awareness Foundation, Inc., Put Public Records, LLC,
Stopdirtygovemment, LLC, Commerce Group, Inc. and The O'Boyle Law Firm, P.C.,
Inc.,
USDC Case No: 9:15-cv-80182 KAM
5
10. Martin E. O'Boyle and Asset Enhancement, Inc. vs. The Town of Gulf Stream, Scott
Morgan, John C. Randolph, Robert Sweetapple, Joanne O'Connor
(15`h Jud. Cir. in and for Palm Beach Cty., Fla.)
Case No: 2015CA001737 AJ
p:\docs\13147\00033\dm\I nh4967.dmx
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
November 12, 2015
Commerce Group, Inc. [mail to: records@commerce-group.com]
Re: GS #2035 (1172)
(1) Please provide all documents shown on the attached Exhibit A under the section titled "Filing
Documents Attached" and which have an 'X" in the box next to the box next to the description of
the documents listed under "Filing Documents Attached" (the relevant docs') which are in the
possession of the Town of Gulf Stream. For convenience, we have "clouded" the applicable section
of the attached Exhibit A ("State Attorney's office -filing information form.') The exhibit A is page
12 of PRR -1994 which are in the possession of the Town of Gulf Stream.
(2) Please provide all other records which include the names "O'Boyle or "Boyle" beginning on
11112013 through 1012712015 which are in the possession of the Town of Gu f Stream. The term
"Town of Gulf Stream" shall mean each of the following: the Town of Gulf Stream, its
Commissioners, its Manager, its employees, its Police Department, its Police Officers and its
Counsel (including, without limitation, the following law firms) Sweetapple, Broeker & IVarkus;
Richman Greer, PA; and Jones, Foster, Johnston & Stubbs, (including, without limitation, the
attorneys, employees and partners of each such law firm)
Dear Commerce Group, Inc. [mail to: record commerce-group.coml,
The Town of Gulf Stream received your public records request on October 27, 2015. You should
be able to view your request at the following link httv://www2.eulf-
stream.ore/weblink/0/doc/69164/Paeel.aWxx. In future correspondence, please refer to this public
records request by the above referenced numbers.
For part 1 of your request, there are no such records.
For part 2 of your request, from April to July 2013, Martin O'Boyle individually filed the
following eleven public records request lawsuits in the Circuit Court of the 15th Judicial Circuit
in and for Palm Beach County: 502013CA006750XXXXMBAO, filed 4/24/13;
502013CA008452XXXXMBAG, filed 5/16/13; 502013CA01I120XXXXMBAO, filed 7/5/13;
502013CAOI I122XXXXMBAI, filed 7/5/13; 502013CAOI1411XXXXMBAJ, filed 7/10/13;
502013CAOI I1414XXXXMBAI, filed 7/10/13; 502013CAOI1416XXXXMBAO, filed 7/10/13;
502013CAI1417XXXXMBAD, filed 7/10/13; 502013CAOI1421XXXXMBAG, filed 7/10/13;
502013CAOI1423XXXXMBAD, filed 7/10/13; and 502013CAOI1424XXXKXMBAE, filed
7/10/13. Other entities with which Mr. O'Boyle is affiliated filed public records lawsuits against
the Town in the spring and summer of 2013 in the Circuit Court of the 15th Judicial Circuit in
and for Palm Beach County: Commerce Group, Inc. v. Town of Gulf Stream, Case No.
502013CA008125X)C XMBAH, Airline Highway, LLC v. Town of Gulf Stream, Case No.
502013CA008594XXXXMBAG and N984AC Caravan LLC v. Town of Gulf Stream, Case No.
502013CA008809XXXXMBAA, Case No. 502013CA008701XXXXMMBAA and Case No.
502013CA008919X3CXXMBAD.
Notwithstanding a settlement and the voluntary dismissal of the foregoing lawsuits in the
summer of 2013, O'Boyle and entities with which he is affiliated have filed another
approximately 10 public records suits, which are pending against the Town. Martin O'Boyle has
filed another half dozen state and federal lawsuits against the Town. And other public records
and federal suits against the Town brought by Christopher O'Hare and the Citizens Awareness
Foundation, Inc. are being advanced by attorneys at "The O'Boyle Law Firm." The Town also
sued Martin O'Boyle, Jonathan O'Boyle and The O'Boyle Law Firm in federal court during the
relevant time period. Almost all of these public records, state and federal suits remain pending.
Throughout this period, O'Boyle and entities with which he is affiliated have made hundreds of
public records requests to the Town. O'Boyle has appeared at numerous meetings of the Town
Commission.
As a result, your request seeks a significant number of public records. It also encompasses
documents prepared by the Town's attorneys exclusively for litigation or in anticipation of
imminent litigation and that reflect the mental impressions, conclusions, litigation strategies, or
legal theories of the Town's attorneys or the Town and would be exempt under Florida Statute
119.0171(1)(d)I until the conclusion involving the named parties in the aforementioned
litigation, all of whom are identified in the attached chart.
The Town notes that it has previously responded to requests -- including requests from you
and/or your affiliated entities or officers -- for records that appear to seek a subset of the present
request. The Town's public records logs for 2013, 2014 and 2015 can be found and searched at
www.eulf-stream.orgclick on "Find a Town Record", click on "Public Record Requests", click
on the respective year, then find "Public Record Number Log"; the substantive requests and
responses can be found by going to "Public Record Requests (year)". The Town has also
previously provided estimates for communications that are a subset of this request to
records@commerce-group.com in response to PRR 797(492) and 936(569) but never received
payment for the production of documents responsive to those requests.
Please note that some of the records that you seek are available on the Town's website. The
following are just a few examples:
• Depositions of Martin O'Boyle or that reference "O'Boyle" can be found on the Town's
website http://www.gulf-stream.org/ — go to "I WANT TO...", click on "Find a Town Record"
and go to Town-of-Gulf-Stream/Legal/Depositions;
• Complaints and counterclaims involving Martin O'Boyle and/or The O'Boyle Law Firm
can be found on the Town's website http://www.gulf-stream.org/ - go to "I WANT TO...", click
on "Find a Town Record" and go to Town-of-Gulf-Stream/Legal/Lawsuits; and,
• Minutes of Town Commission meetings that reference "O'Boyle" can be found on the
Town's website http://www.gulf-stream.org/ - go to "I WANT TO...", click on "Find a Town
Record" and go to Town-of-Gulf-Stream/Town Clerk/Minutes.
As noted, your request seeks a significant number of public records and extensive use of clerical
and supervisory assistance will be required to produce all of the documents that you seek. For
instance, to produce just those pleadings, Town Commission minutes and communications that
reference "O'Boyle" or `Boyle", the Town estimates 35 hours of administrative support at
$40.51 per hour, and 35 hours of administrative support $50.00 per hour as well as 35 hours of
attorney review support at $235.00 per hour from the Town's outside legal counsel, the labor
cost of the personnel providing the service, per Fla. Stat. § I I9.07(4)(d). If the costs of producing
these documents will exceed your deposit, the Town will provide you with an initial production
of responsive records and an estimate for the production of any additional responsive records. If
the costs of production are less than the deposit, the Town will provide you with the responsive
records and a refund. If you would like to narrow the scope of your request, for example, by
identifying a particular document type or date range, the Town may be able to provide these
records at a lower cost.
(35 hours @ 40.51=1,417.85) — (.25 hours @40.51=10.13) + (35 hours @ 50.00 =1,750.00)
+ (35 hours @ 235.00 = 8,225.00) = Deposit Due: $11,679.72 in cash or check.
Upon receipt of your deposit, the Town will use its very best efforts to further respond to your
public records request in a reasonable amount of time. Please clarify the above request as indicated
and the Town of Gulf Stream will proceed with fulfilling your request, or providing you an
estimate of the cost of production based on your clarification. If we do not hear back from you
within 30 days of the letter, we will consider this closed.
Sincerely,
Town Clerk, Custodian of the Records